sec.223AExisting consent given by reserve owner to exploration permit holder or mineral development licence holder

### sec.223A Existing consent given by reserve owner to exploration permit holder or mineral development licence holder This section applies if— the owner of any part of the area of an exploration permit that is the surface area of a reserve (the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 129(1)(a)(ii), to the holder of an exploration permit or any person who acts for the purpose of carrying out any activity authorised by the exploration permit (the resource authority holder ); or the owner of any part of the area of a mineral development licence that is the surface area of a reserve (also the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 181(4)(b)(ii), to the holder of a mineral development licence or any person who acts for the purpose of carrying out any activity authorised by the licence (also the resource authority holder ). For section 58(1), the resource authority holder is taken to have given the reserve owner, as a public land authority, a periodic entry notice under section 57. Subsection (2) applies even if the consent, as a periodic entry notice, does not comply with section 57. For the purpose of dealing with the consent as a periodic entry notice, the entry period under section 57(2)(a) is taken to be the period for entry under the consent. Subsection (4) applies even if the period for entry under the consent, as an entry period, does not comply with section 57. Any conditions of the consent are taken to be conditions imposed by the reserve owner, as a public land authority, under section 59(2). However, section 59(8)(a) does not apply to a condition of the consent. In this section— exploration permit see the Mineral Resources Act, schedule 2. mineral development licence means a mineral development licence under the Mineral Resources Act, chapter 5, part 1 or 2. reserve see the Mineral Resources Act, schedule 2. s 223A ins 2017 No. 34 s 78 (sec.223A-ssec.1) This section applies if— the owner of any part of the area of an exploration permit that is the surface area of a reserve (the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 129(1)(a)(ii), to the holder of an exploration permit or any person who acts for the purpose of carrying out any activity authorised by the exploration permit (the resource authority holder ); or the owner of any part of the area of a mineral development licence that is the surface area of a reserve (also the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 181(4)(b)(ii), to the holder of a mineral development licence or any person who acts for the purpose of carrying out any activity authorised by the licence (also the resource authority holder ). (sec.223A-ssec.2) For section 58(1), the resource authority holder is taken to have given the reserve owner, as a public land authority, a periodic entry notice under section 57. (sec.223A-ssec.3) Subsection (2) applies even if the consent, as a periodic entry notice, does not comply with section 57. (sec.223A-ssec.4) For the purpose of dealing with the consent as a periodic entry notice, the entry period under section 57(2)(a) is taken to be the period for entry under the consent. (sec.223A-ssec.5) Subsection (4) applies even if the period for entry under the consent, as an entry period, does not comply with section 57. (sec.223A-ssec.6) Any conditions of the consent are taken to be conditions imposed by the reserve owner, as a public land authority, under section 59(2). (sec.223A-ssec.7) However, section 59(8)(a) does not apply to a condition of the consent. (sec.223A-ssec.8) In this section— exploration permit see the Mineral Resources Act, schedule 2. mineral development licence means a mineral development licence under the Mineral Resources Act, chapter 5, part 1 or 2. reserve see the Mineral Resources Act, schedule 2. - (a) the owner of any part of the area of an exploration permit that is the surface area of a reserve (the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 129(1)(a)(ii), to the holder of an exploration permit or any person who acts for the purpose of carrying out any activity authorised by the exploration permit (the resource authority holder ); or - (b) the owner of any part of the area of a mineral development licence that is the surface area of a reserve (also the reserve owner ) has given consent, under the pre-amended Mineral Resources Act, section 181(4)(b)(ii), to the holder of a mineral development licence or any person who acts for the purpose of carrying out any activity authorised by the licence (also the resource authority holder ).